TREECYCLER CODES & TREE PLANTING
The Treecycler Platform primarily allows visitors to redeem Treecycler codes and select where they would like a tree to be planted. Treecycler codes are found on participating direct mail pieces and other participating products. When you redeem a Treecycler code, you will have the opportunity to select from a handful of tree-planting companies throughout the world with whom Treecycler has partnered to have your tree planted. The information provided on the Treecycler Platform showing the available companies and places is provided by those companies and is updated as often as possible; however, it is possible that a destination you select is no longer available or that the information provided is outdated. In the event a selected company or location is no longer available, we will have a tree planted in an alternate destination. Treecycler requires the tree planting companies it contracts with to provide various types of documentation to prove that trees were, in fact, planted; however, you agree that Treecycler will not be liable and you hereby release Treecycler for any failure by those companies to plant a tree. Likewise, Treecycler will not be liable and you hereby release Treecycler for any defective Treecycler code. If your Treecycler code does not work, your sole remedy will be to receive one (1) functioning code. Please contact help [at] treecycler [dot] com with any Treecycler code problems.
Treecycler reserves the right to modify or add to these Terms at any time without prior notice ("Updated Terms"). You agree that we may notify you of the Updated Terms by making them available via the Treecycler Platforms, and that your use of the Treecycler Platforms after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms before using the Treecycler Platforms. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Treecycler Platforms from that point forward. Updated Terms will apply to your actions and transactions that begin after the Updated Terms are effective.
OWNERSHIP OF MATERIALS
Unless otherwise explicitly specified, all materials that are included in, made available through or are otherwise a part of the Treecycler Platforms (and all past, present and future versions), including, without limitation: graphics; layout; text; instructions, widgets; images; audio videos; designs; advertising copy; logos; domain names; trade names; and trade identities; any and all copyrightable material (including source and object code); the "look and feel" of the Treecycler Platforms; the compilation, assembly and arrangement of the materials of the Treecycler Platforms; and all other materials related to the Treecycler Platforms (collectively, the "Materials") are owned, controlled or licensed by Treecycler, its subsidiaries, affiliates or suppliers and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, publicity and other laws, rules, regulations and international treaties.
The Materials may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, without the express permission of Treecycler, unless and except as is expressly provided in these Terms. Any unauthorized use of the Materials is prohibited.
YOUR LICENSE TO USE MATERIALS
You also agree that you will not (or aid or abet any third party to): (a) use any robot, spider, rover, scraper, or any other data mining technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy or distribute the Materials (except as may be a result of standard search engine or Internet browser usage); (b) modify, frame, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party web site, or otherwise use the Materials in any way except as specifically permitted by these Terms or otherwise in writing by Treecycler; or (c) provide access to any Treecycler Platforms or Materials via any medium without the prior written consent of an authorized representative of Treecycler.
VIRAL DISTRIBUTION AND WIDGETS
Treecycler may allow you – but only through express written permission –to engage in certain personal uses of Materials that include the ability to share Materials with others ("Viral Distribution"). For example, the Treecycler Platform may allow you to send Materials to friends, display Materials on your personal web site or post Materials on a third party web site. We reserve the right to revoke our permission for Viral Distribution at any time and for any reason and you agree to comply with any terms we post in connection the Viral Distribution of Materials.
Similarly, the Treecycler Platform may provide content that you may choose to embed on your personal web page, third party web site or social networking site by pasting the HTML or other code provided by us (typically labeled as an embed code) ("Widgets"). Widgets are Materials and subject to the limited, revocable license described above. We may discontinue providing the services necessary for the Widgets to operate or we may disable Widgets you have embedded at any time for any reason without any liability to you. You agree that our permission to you to use Widgets on your Personal Page does not provide you (or any third party) with any intellectual property rights in or to the Widget or any Materials made available via any Widget.
NOTICE TO THIRD PARTY SITES: Any Materials made available in connection with your site, or otherwise, by our Widgets, third party widgets or otherwise is our exclusive property and no grant of any intellectual property rights is made by us. We retain the right to demand that you cease any use of our Materials upon notice.
REPORTING COPYRIGHT AND OTHER INTELLECTUAL PROPERTY VIOLATIONS
You may not use the Treecycler Platform for any purpose or in any manner that infringes the rights of any third party. Treecycler encourages you to report any content on the Treecycler Platform that you believe infringes your rights. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content. If you have a good faith belief that content on the Treecycler Platform infringes your copyright, trademark, or other intellectual property rights, please follow the procedures set forth below.
In accordance with the Digital Millennium Copyright Act of 1998 (the "DMCA"), Treecycler has a designated agent for receiving notices of copyright infringement and Treecycler follows the notice and take down procedures of the DMCA. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Treecycler's copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; © identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe that any content on the Treecycler Platform violates your rights other than copyrights, please provide Treecycler with at least the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; © an explanation of what rights you own/have and why you believe the content infringes your rights sufficient for us to evaluate your complaint; and (d) accurate contact information for you.
Please send your notice of claims of copyright infringement on or regarding the Treecycler Platform or other complaint regarding alleged violation of rights to Treecycler' s copyright agent, who can be reached as follows:
attn: Treecycler IP Claims 77 E. Halsey Rd. Parsippany, NJ 07054 help [at] treecycler [dot] com
NOTE: This contact information is for inquiries regarding potential copyright and other infringement only.
We have a policy of terminating the accounts of users who (in our reasonable discretion) are repeat infringers.
It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.
Treecycler will provide you with notice if your materials have been removed based on a third party complaint of alleged infringement of the third party's intellectual property rights.
INFORMATION AND CONTENT YOU SUBMIT
The Treecycler Platform may provide you the opportunity to post content publicly ("Community Forums"). You may choose to post or disseminate content on a Community Forum or to Treecycler or the Treecycler Platform, such as success stories, testimonials, photographs, writings, pictures, data, questions, comments, or suggestions (collectively, "User Content").
You also acknowledge that the Internet may be subject to breaches of security and should be aware that submissions of User Content or other information may not be secure, and you should consider this before submitting any information to Treecycler.
You remain the owner of your User Content, but you acknowledge that Treecycler must have a license from you in order to accept your User Content. Accordingly, you grant to Treecycler an unrestricted, worldwide, irrevocable, perpetual, transferable and royalty-free license (but not obligation) to host, use, copy, distribute, display, perform, modify, translate, store or otherwise exploit all or any portion of your User Content for any purpose whatsoever in all formats, on or through any media, technology or device now known or hereafter developed.
You further agree that Treecycler is free to use any ideas or concepts contained in any User Content for any purposes whatsoever, including, without limitation, developing, manufacturing and marketing products and services; and creating informational articles, without any payment of any kind to you. You authorize Treecycler to publish your User Content in a searchable format that may be accessed by users of the Treecycler Platform and the Internet. Except as prohibited by law, you waive any moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.
You agree that Treecycler has no obligation to monitor or enforce your intellectual property rights to your User Content but has the right to protect and enforce its and its licensees' rights to your User Content. You further acknowledge and agree that Treecycler will not have any obligation to you with regard to User Content and that Treecycler may or may not monitor, display or accept your User Content and may delete it at any time.
It is our policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested, to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, Treecycler does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. However, if you choose to send us such content, information, ideas, suggestions or other materials you agree that such content will be treated by us as non-confidential and non-proprietary, will not be returned and we will have the right to use that content in any way we deem fit.
USER INTERACTIONS AND DISPUTES
You are solely responsible for your interaction with other users of the Treecycler Platform, whether online or offline. We are not responsible or liable for the conduct of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others, when you submit or post any personal or other information, and in all other online activities.
ACCEPTABLE USE POLICY: COMMUNITY USAGE RULES
When you contribute, upload or otherwise provide User Content to the Treecycler Platform, you agree to comply with the following Community Usage Rules ("Rules"):
• User Content must be yours please. All User Content must be original with you, not copied from someone else's work, and you must have all rights in the User Content; OR, all persons who contributed in any way or have any rights to your User Content or otherwise appear in the User Content have given you permission to upload and distribute the User Content on the Treecycler Platform and elsewhere. • No pictures or images of anyone but you and your friends and family. If you choose to upload photos to the Treecycler Platform, link to embedded videos, or include other images of real people, make sure they are of you or of you and someone you know but only with their express permission to post it. • Don't upload third party materials. Your User Content should not contain any visible logos, phrases or trademarks or other third party materials. Do not use any User Content that belongs to other people and pass it off as your own. This includes any content that you might have found elsewhere on the Internet. • No music please. Your User Content may not contain any music unless the work and performance is original with you and/or you have all rights to the musical work (including any performances). No jingles, sampling or otherwise. • Keep it relevant. Your User Content should relate to the content on the Treecycler Platform and should be intended to add to the discussion and community on the Treecycler Platform - it should not include irrelevant topics or postings (this is not the place to discuss politics, religion, or private matters). • Please follow codes of social decency. Express yourself with non-offensive individual self-expression. Be respectful of others' opinions and comments so we can continue to build a community for everyone to enjoy. If you think your User Content might offend someone, chances are it probably will and it doesn't belong on the Treecycler Platform. Cursing, flaming, harassing, stalking, posting insulting comments, personal attacks, gossip or similar actions are prohibited. Your User Content may not threaten, abuse or harm others. Your User Content may not include any negative comments that are connected to race, national origin, gender, sexual preference or physical handicap or that are defamatory, slanderous, indecent, obscene, pornographic or sexually explicit. • Do not use the Treecycler Platform for commercial purposes. Your User Content may not advertise or promote a product or service except those provided on the Treecycler Platform. You may not use your User Content to raise money for anyone or for a pyramid or other multi-tiered marketing scheme. • Do not upload User Content that is inappropriate or illegal. Your User Content may not promote any illegal activity. If someone could go to jail for taking action suggested by your User Content, don't upload or post it. If you do upload or post User Content that is illegal or in violation of applicable law, we reserve the right to take action that we deem appropriate, in our sole discretion, including reporting you to the proper governmental authorities. • No violence. Your User Content may not promote violence or describe how to perform a violent act. • Be honest and do not misrepresent yourself or your User Content. Do not impersonate any other person, user or company or upload or post User Content that you know is false, fraudulent, deceptive, inaccurate, misleading or that misrepresents your identity or affiliation with a person or company. • Public forum. We hope that you will use the Community Forums to exchange information and content and have discussions with other members. However, please remember that the Community is a public forum and User Content that you post on the Community will be accessible and viewable by other users. Do not post personal information (e.g., full name, password, phone number, address, e-mail address or other personally identifiable information or contact information). • Don't share other people's personal information. Your User Content may not reveal another person's address, phone number, e-mail address, credit card number or any information that may be used to track, contact, or impersonate that individual or that is extremely personal in nature. • Don't damage the Treecycler Platform or anyone's computers. User Content may not contain viruses, Trojan horses, spyware or any other technologies that could impact the operation of the Treecycler Platform or any computer system.
MEMBERSHIP & REGISTRATION
Certain areas of the Treecycler Platforms may require registration or may otherwise ask you to provide information to participate in certain features or access certain Materials. The decision to provide this information is purely optional; however, if you elect not to provide such information, you may not be able to access certain Materials or participate in certain features of the Treecycler Platforms. When you provide information to the Treecycler Platforms, you agree to provide only true, accurate, current and complete information and to update it as necessary to maintain its truth and accuracy.
If you register with us, you agree to accept responsibility for all activities that occur under your account or password, if any, and you agree you will not sell, transfer or assign your membership or any membership rights. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer (or other Internet access device, as applicable) so that others may not access the password protected portion of the Treecycler Platforms using your name in whole or in part. Treecycler reserves the right to terminate your account or otherwise deny you access in its sole discretion without notice and without liability.
Any sweepstakes, contests or other promotions (any, a "Promotion") that may be offered via the Treecycler Platforms may be governed by a separate set of rules that may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the Promotion and disclosures about how your personal information may be used. It is your responsibility to read these rules to determine whether or not you want to and are eligible to participate, register and/or enter, and to determine the applicable terms and conditions of the Promotion. By participating in a Promotion, you will be subject to those official rules, and you agree to comply with and abide by such rules and the decisions of the identified sponsor(s).
THIRD PARTY LINKS, CONTENT AND APPLICATIONS
There may be links from the Treecycler Platform, or from communications you receive from the Treecycler Platform, to third party web sites or online features. The Treecycler Platform also may include third party content that we do not control, maintain or endorse.
Functionality on the Treecycler Platform may also permit interactions between the Treecycler Platform and a third party web site or online feature, including applications that connect the Treecycler Platform or your profile on the Treecycler Platform with a third party site or feature. For example, the Treecycler Platform may include a button enabling you to indicate, on your social networking pages, that you "like" a specific product on the Treecycler Platform, or a feature that lets you post to your social networking pages a link to a specific Treecycler Platform product or the ability to share content from the Treecycler Platform or your User Content with a third party, which may be publicly posted on that third party's web site. Using this functionality typically requires you to login to your account on the third party site and you do so at your own risk. We do not control any of these third party sites or any of their content. Accordingly, you expressly acknowledge and agree that we are in no way responsible or liable for any of those third party sites or online features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH OTHERS FOUND THROUGH THE SITE INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY.
Treecycler grants you the revocable permission to link to Treecycler's web sites that post these Terms; provided, however, that your web site, or any third party web sites that link to a Treecycler web site: (a) must not frame or create a browser or border environment around any of the content on Treecycler's web sites or otherwise mirror any part of the Treecycler Platforms; (b) must not imply that Treecycler is endorsing or sponsoring it or its products, unless Treecycler has given it prior written consent; © must not present false information about, or disparage, tarnish, or otherwise, in Treecycler sole opinion, harm Treecycler or its products or services; (d) must not use any Treecycler trademarks without the prior written permission from Treecycler; (e) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in Treecycler sole opinion); and (f) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms. By linking to a Treecycler website, you agree that you do and will continue to comply with the above linking requirements.
Notwithstanding anything to the contrary contained in these Terms, Treecycler reserves the right to prohibit linking to Treecycler web site for any reason in our sole and absolute discretion even if the linking complies with the requirements described above.
The Treecycler Platforms may offer features and services that are available to you via your mobile phone or other mobile device. These features and services may include, without limitation, the ability to upload content to the Treecycler Platforms, receive messages from the Treecycler Platforms, download applications to your mobile phone or access Treecycler Platforms features (collectively, the "Mobile Features"). We may charge for Mobile Features. Also, standard messaging, data and other fees may be charged by your carrier. Fees and charges will appear on your mobile bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues. As applicable, instructions regarding how to opt-out of Mobile Features will be disclosed in connection with Mobile Features. The instructions will typically require you to text a keyword (e.g., "STOP," "CANCEL," "END," "UNSUBSCRIBE," "QUIT," etc.) to the applicable shortcode for the Mobile Feature.
If you have registered for Mobile Features that require the use of your mobile number, you agree to notify Treecycler of any changes to your mobile number and update your account(s) on the Treecycler Platforms to reflect this change.
You represent and warrant that: (i) you have the legal right and capacity to enter into these Terms in your jurisdiction and to comply with these Terms or, if you are a minor, your parent or legal guardian has read and agreed to these Terms on your behalf; and (ii) you hold and will continue to hold all rights necessary to enter into and perform your obligations under these Terms.
You also agree that you will be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Treecycler Platforms and you will be responsible for all charges related thereto.
OUR DISCLAIMER OF WARRANTIES
THE TREECYCLER PLATFORMS, INCLUDING, WITHOUT LIMITATION, THE MATERIALS ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, TREECYCLER AND ITS EMPLOYEES, MANAGERS, MEMBERS, OFFICERS, SHAREHOLDERS, PARENT COMPANY, AGENTS, VENDORS AND CONTRACTORS (COLLECTIVELY, THE "TREECYCLER PARTIES") MAKE NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE TREECYCLER PLATFORMS; (B) THE MATERIALS ON OR PROVIDED THROUGH THE TREECYCLER PLATFORMS OR ANY USER CONTENT; © THE FUNCTIONS MADE ACCESSIBLE ON OR THROUGH THE TREECYCLER PLATFORMS; (D) ANY PRODUCTS, SERVICES OR INSTRUCTIONS OFFERED OR REFERENCED AT THE TREECYCLER PLATFORMS; OR (E) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO OR FROM TREECYCLER OR VIA THE TREECYCLER PLATFORMS. IN ADDITION, THE TREECYCLER PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM VIRUS.
THE TREECYCLER PARTIES DO NOT REPRESENT OR WARRANT THAT THE TREECYCLER PLATFORMS OR THE FUNCTIONS CONTAINED THEREIN WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE TREECYCLER PLATFORMS OR THE SERVERS THAT MAKE SOME OF THE TREECYCLER PLATFORMS AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE TREECYCLER PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE TREECYCLER PLATFORMS ARE ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE. YOU ACKNOWLEDGE, BY YOUR USE OF THE TREECYCLER PLATFORMS, THAT YOUR USE IS AT YOUR SOLE RISK. THE TREECYCLER PARTIES DO NOT WARRANT THAT YOUR USE OF THE TREECYCLER PLATFORMS ARE LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE TREECYCLER PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THESE TERMS.
BY ACCESSING OR USING A TREECYCLER PLATFORM YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THAT TREECYCLER PLATFORM.
LIMITATION OF LIABILITY; WAIVER
UNDER NO CIRCUMSTANCES WILL THE TREECYCLER PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) A TREECYCLER PLATFORM; (B) THE MATERIALS OR ANY USER CONTENT; © YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF A TREECYCLER PLATFORM OR MATERIALS; (D) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE TREECYCLER PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF A TREECYCLER PLATFORM, OR MATERIALS; (E) ANY ERRORS OR OMISSIONS IN A TREECYCLER PLATFORM'S TECHNICAL OPERATION; (F) ANY DEFECT, ERROR, TYPO OR MISPRINT ASSOCIATED WITH OR IN A TREECYCLER CODE; (G) ANY FAILURE TO PLANT A TREE WHEN A TREECYCLER CODE IS REDEEMED; OR (H) ANY DAMAGE TO ANY COMPUTER, HARDWARE, COMPUTER SOFTWARE, CELLULAR PHONE, MODEM OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE TREECYCLER PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF A TREECYCLER PLATFORM). IN NO EVENT WILL THE TREECYCLER PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE TREECYCLER PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION FIVE UNITED STATES DOLLARS ($5.00).
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF TREECYCLER ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY THE TREECYCLER PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY THE TREECYCLER PARTIES.
BY ACCESSING A TREECYCLER PLATFORM, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
TERM AND TERMINATION
Treecycler reserves the right to terminate your access to and use of the Treecycler Platforms or any of its features in its sole discretion, without notice and liability, including, without limitation, if Treecycler believes your conduct fails to conform to these Terms or any Additional Terms. Treecycler also reserves the right to investigate suspected violations of these Terms. Any violation of these Terms may be referred to law enforcement authorities.
Treecycler also reserves the exclusive right to modify, withdraw, suspend or discontinue, temporarily or permanently, at any time and from time to time, any materials, information or content available on the Treecycler Platforms, without limitation, in whole or in part, including the cessation of all activities associated with the Treecycler Platforms, with or without notice. You agree that Treecycler will not be liable to you or to any third party for any modification, suspension or discontinuance of the Treecycler Platforms or any part thereof. Treecycler also reserves the right to charge for use of the Treecycler Platforms, in whole or in part, and to change its fees from time to time in its discretion.
LOCATION AND TERRITORIAL RESTRICTIONS
Unless otherwise specified, the Treecycler Platforms and its Materials are made available for use in the United States. The information provided on the Treecycler Platforms is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Treecycler to any registration requirement within such jurisdiction or country. Treecycler controls and operates the Treecycler Platforms from offices located in the United States and makes no representations or warranties that the information, products or services contained on the Treecycler Platforms are appropriate for use or access in other locations. Anyone using or accessing the Treecycler Platforms from other locations does so on their own initiative and is responsible for compliance with United States' and local laws regarding online conduct and acceptable content, if and to the extent such laws are applicable. We reserve the right to limit the availability of the Treecycler Platforms and/or the provision of any content, program, product, service or other feature described or available thereon to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such content, program, product, service or other feature that we provide.
Software related to or made available by this Treecycler Platforms may be subject to United States export controls. Thus, no software from this Treecycler Platforms may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software related to this Treecycler Platforms, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list. You agree to comply with all rules, laws and regulations that are applicable to your use of the Treecycler Platforms, including, without limitation, those governing your transmission or use of any software or data.
GOVERNING LAW; DISPUTES
THESE TERMS AND THE INTERPRETATION OF THESE TERMS WILL BE GOVERNED BY AND CONSTRUED UNDER THE LAWS OF THE STATE OF NEW JERSEY, WITHOUT REGARD TO ITS CONFLICTS OF LAWS PRINCIPLES AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. YOU AGREE THAT JURISDICTION OVER AND VENUE IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO A TREECYCLER PLATFORM, THE USE OR ACCESS THEREOF, OR THESE TERMS MUST BE IN THE STATE OR FEDERAL COURTS LOCATED IN MORRIS COUNTY, NEW JERSEY AND YOU HEREBY CONSENT AND SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE OF THE COURTS LOCATED IN MORRIS COUNTY, NEW JERSEY FOR ANY SUCH LEGAL PROCEEDING. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE WITH RESPECT TO ANY TREECYCLER PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES.
The failure of Treecycler to act with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit Treecycler rights with respect to such breach or any subsequent breaches. No waiver by Treecycler of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorized office of Treecycler. Neither the course of conduct between the parties nor trade practice will act to modify these Terms. Treecycler may assign its rights and duties under these Terms to any party at any time without any notice to you. These Terms may not be assigned by you without Treecycler prior written consent. If any provision of these Terms will be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. The Section titles are inserted only as a matter of convenience and have no legal or contractual effect. You agree that these Terms will not be construed against Treecycler by virtue of Treecycler having drafted them.
Treecycler will not be liable to you or be deemed to be in breach of its obligations under these Terms for any delay or failure in performance caused by acts beyond Treecycler's reasonable control, including, without limitation, acts of God, war, terrorism, accidents, fires, floods, strikes, labor disputes, shortages or delays in obtaining supplies or service, materials, labor, or transportation, interruption of utility services or the Internet, acts of any unit of government or any governmental agency, or any similar or dissimilar cause.
Notwithstanding termination of your use of the Treecycler Platforms, for any reason whatsoever, the following sections of these Terms continue and survive: "Ownership of Materials," "User Comments and Postings," "Your Warranties," "Our Disclaimer of Warranties," "Limitation of Liability; Waiver," "Indemnification," "Governing Law; Disputes" and "Miscellaneous."
If you should have any questions or comments, please contact help [at] treecycler [dot] com.